When scouring moneysavingexpert.com for a conveyancing lawyer in Aldeburgh, most comment that I must look for a CQS assured lawyer. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised quality mark for legal experts in the legal transfer of properties, trusted by some of the UK's leading lenders. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Council of Mortgage Lenders (CML). CQS is not a scheme offered by the Council of Licensed Conveyancing. Aldeburgh is one of the numerous areas of the UK where there are CQS lawyers.
I am assisting my aunt sell her flat in Aldeburgh. Will the solicitor order an energy assessment or do I organise this?
After the abolition of Home Packs, EPC’s remained a mandatory element of moving house. An energy performance certificate must be commissioned prior to the property being placed on the market. It is not something that solicitors normally organise. If you are instructing a Aldeburgh conveyancing lawyer they might be willing to arrange energy performance certificates given their contacts with long established local accredited person
I just acquired a property at auction in Aldeburgh. Conveyancing is required. What happens now?
Having legally bound yourself to purchase you will need to instruct a conveyancing lawyer as a matter of priority as you are faced with a pending deadline in which to complete the conveyancing. An auction property should have an associated auction set of papers. This will likely include evidence of title and search results. In the case of leasehold premises the auction papers should contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation specific to a leasehold property. You should hand this to the conveyancer working for you at the earliest opportunity. You also need to ensure that that you have the requisite funding organised to complete the transaction on the set completion date.
It is not clear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Aldeburgh bank branch on numerous occasions and was told it wasn't an issue and they will lend. My Aldeburgh conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they will not lend in accordance with their specific requirements. I simply don't know who is right.
Your conveyancer has to follow the CML Handbook section two conditions for your bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
Will our solicitor be making enquiries about flooding as part of the conveyancing in Aldeburgh.
The risk of flooding is if increasing concern for solicitors dealing with homes in Aldeburgh. Plenty of people will buy a house in Aldeburgh, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Solicitors are not qualified to impart advice on flood risk, however there are a numerous checks that can be initiated by the buyer or on a buyer’s behalf which will figure out the risks in Aldeburgh. The standard property information forms supplied to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the vendor to determine if the premises has suffered from flooding. If the premises has been flooded in past which is not notified by the seller, then a buyer could commence a claim for damages as a result of such an inaccurate response. The purchaser’s solicitors may also conduct an environmental report. This should indicate whether there is a recorded flood risk. If so, additional investigations should be made.
I used Arc property Solicitors a few years ago for my conveyancing in Aldeburgh. Now, I need my files but the law firm is no longer operating. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Aldeburgh of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
As co-executor for the estate of my aunt I am selling a property in Cardiff but live in Aldeburgh. My lawyer (based 300 miles from merequires that I sign a stat dec ahead of the transaction finalising. Could you suggest a conveyancing practitioner in Aldeburgh who can witness and place their company stamp on the document?
Technically speaking you should not be required to have the documents attested by a conveyancing solicitor. Normally any notary public or qualified solicitor will suffice regardless of whether they are Aldeburgh based
Builders have recommended to me a solicitor and I've obtained a quote from them. They are almost two hundred pounds less expensive than my preferred Aldeburgh conveyancing practitioner. Should I use them?
Housebuilders normally have panels of conveyancers who are quick and who know the builder's contract and conveyancer. As many developers offer an incentive to select a preferred conveyancing practitioner for this reason, any increased cost can be avoided and a developer won't put forward a conveyancing warehouse and run the risk of having the conveyancing delayed when they need an exchange within a tight deadline. The argument for not opting for the recommended property lawyer is that they may prove hesitant to fight for your interests at the risk of alienating the housebuilder. If you worry that this may be the case you should stick with your high street Aldeburgh conveyancer.